CHANDER LEKHA Vs. PURSHOTAM DUTT AND OTHERS

JUDGEMENT

(1.) Since common question of law and fact arise in both these appeals, therefore, they were taken up together for consideration and are being disposed of by a common judgment.

(2.) Both these regular second appeals have been filed against the judgment and decree dated 01.10.2015 passed by learned Additional District Judge (I), Mandi in Civil Appeal No. 73 of 2015 and Civil Appeal No. 75 of 2015, whereby he affirmed the judgment and decree passed by learned trial Court on 16.6.2015 in Civil Suit Nos. 78 of 2008 and 79 of 2008 thereby decreed the suit of the plaintiff/respondent No.1 herein in both the appeals.

(3.) Briefly stated, the facts are that the plaintiff/respondent No.1 (hereinafter referred to as the 'plaintiff'), filed a suit for specific performance of the contract with the allegation that defendant No.1/respondent No.2 herein, was owner in possession of the land comprised in Khewat No. 51 min, Khatauni No. 116, Khasra No. 3467/1, measuring 517 sq.mtrs. situated in Muhal Sundernagar/26/8, Tehsil Sundernagar, District Mandi, H.P. He entered into an agreement of sale with the plaintiff on 15.12.2007 for sale of 244 sq.mtrs. of land out of Khasra No. 3467/1 for consideration of Rs. 3,00,000.00 and had received Rs. 50,000.00 as earnest money. It was averred that subsequently respondent No.2 again demanded more money and sale consideration was raised to Rs. 4,00,000.00, it was in pursuance to the agreement that sale deed was prepared on 7.1.2008 and was duly attested by the witnesses. However, before the same could be registered, respondent No.2 slipped from the office of Sub Registrar and resultantly the sale deed could not be registered. It was also averred that respondent No.2 out of evil intention thereafter executed a sale deed of entire khasra No. 3467/1 in favour of appellant and proforma respondent No.3 on 1.2.2008 out of Khasra No. 3467/1, 273/517 shares measuring 273 sq.mtrs in favour of proforma respondent No.3 (appellant in RSA No. 8 of 2016) and 2444/517 shares measuring 244 sq. mtrs in favour of appellant (proforma respondent No.3 in RSA No. 8 of 2016) for a total consideration of Rs. 9,38,000.00 and in this way the agreement to sell was frustrated. It was averred that the plaintiff was always ready and willing to perform his part of contract and still ready and willing and therefore, the suit be decreed.